Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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for Local Government Law Bulletin Vol. Issue 59, June 1994
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Abstract:
In solid waste management flow-control means a local government directing where solid waste generated within its jurisdiction is to be transported or disposed of. The local government wants to ensure that the waste is disposed of in an environmentally sound manner. Private solid waste management companies oppose this as they consider the restrictions as anti-competitive and harmful to their business interests. In the case discussed here the Court held that flow-control ordinances do violate the commerce clause of the US Constitution.
Abstract:
A central legal question in most lawsuits challenging flow control has been whether a flow-control ordinance, which directs solid waste generated within a local government’s boundaries, violates the commerce clause of the United States Constitution. Implications to solid waste management in North Carolina are discussed.